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Nanotechnology and the Products of Inherited Regulation
Author(s) -
Stokes Elen
Publication year - 2012
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2012.00572.x
Subject(s) - scrutiny , context (archaeology) , business , risk analysis (engineering) , emerging technologies , industrial organization , political science , nanotechnology , law , biology , materials science , paleontology
New technologies do not always elicit new regulatory responses. More often than not, policymakers deal with new technologies by deferring to existing regulatory regimes. This article argues that there are often overlooked consequences of grafting a new technological area, displaying different types of risks and uncertainties, onto an existing regulatory framework. Not only can it entail the application of ill‐suited rules and standards, but it can also involve the reproduction of deeply ingrained traditions and assumptions which, under the weight of history, makes scrutiny extremely difficult. As is shown here, nanotechnology‐enhanced products inherit a raft of consumer protection rules as well as a regulatory predisposition to internal market facilitation. So entrenched is the focus on market opening that making ad hoc changes to existing regulations to incorporate the broader concerns around nano‐products cannot escape the reach of a very powerful market context.